Dissolution of Joint Property Ownership in Spain

Smithy · 09-02-2011, 01:37 PM

My partner refuses to let me have a copy of the deeds of a jointly owned property.

It is rustic land and I don't know the parcella number. Is there any way I can find out?

**Patricia** · 09-07-2011, 02:30 PM

Originally Posted by Colin

My partner claims I have paid noting towards our property and is seeing a solicitor to have my name removed from the deeds.

Can she do this? Also can she through the courts reduce my share by claiming I have made no contribution to the purchases price.

I should add we have been living in the property for five years and only now she is making this claim.

Hello Colin,

If you have not been paying your part of the property, but it is jointly owned, you are in debt with your partner. If your partner takes you to court, her solicitor will prove that you have not made any payment towards the property therefore all the expenses have been paid by her, so there is a debt claim against you. At court, a judge will determine what is the owed amount that you will need to pay, and if unable, your partner will have a credit against you.

If the property was sold, your corresponding amount would be less as the owed moneys would be deducted from it. The best option is to start a dissolution of joint property ownership process, though this will not avoid you having to pay the corresponding amount to your partner, which will be determined by a judge.

Regards,

Gerry Herriot · 09-14-2011, 12:37 PM

Can dissolution apply to the transfer of 1/3 ownership. In other words if there are three joint owners on the title deeds can one share be transferred to the others making them 50/50 owners.

Mr moore · 09-19-2011, 03:19 PM

I am separating from my wife and the house is in her name only as she is a citizen of spain, I am a resident.
Do I have claim to half the house, this was bought with joint funds whilst married.
she has now told me that I cannot enter the house alone. All my belongings are still in the house. What rights do I have ?

Karen · 09-19-2011, 05:07 PM

e my parents brought a property in spain and put myself sister and brother on the deeds so we were lead to believe this was in 2002 I have asked for a copy of the deeds and have been told that we are not on them so why have we been pay tax each year (which he pays for) who do I go to about proving that my name is or is not on the deeds as I do not want my name on something I do not know about

Blighty · 09-22-2011, 02:55 PM

I am ever so concerned. My partner is taking me to court over a finca we jointly own.
I live on the finca but it has no official mailing address. Sometimes I am in the UK How will I be notified of the hearing?
I am defending myself as i am living on my savings but her solicitor won't even oblidge me with letting me know of a hearing date.
I would have thought as I am defending myself he would have a duty to communicate with me but it seems not.
How can I ensure I know in advance of a pending court case?
I am just so worried it will go ahead and I won't even know about it or the result. Hardly justice.

Please help.

**Patricia** · 09-23-2011, 11:48 AM

Originally Posted by Karen

e my parents brought a property in spain and put myself sister and brother on the deeds so we were lead to believe this was in 2002 I have asked for a copy of the deeds and have been told that we are not on them so why have we been pay tax each year (which he pays for) who do I go to about proving that my name is or is not on the deeds as I do not want my name on something I do not know about

Hello Karen,

The quickest and safest way to find out if you are a registered owner of that property is by requesting a report from the Land Registry. The search can be made by entering your name and/or property details. We offer that service at Lawbird, so please use our website contact form to get more information about the service and our fees.

You can also click on this link to learn about the process:http://www.lawbird.com/services/view...earch-by-Owner

Best Regards,

Michael · 09-27-2011, 12:23 PM

My partner has hired a solicitor to claim back my 50% share of our property because she claims I have paid noting towards it.

Her solicitor claims he can claim back my half of the property. Looking at past comments I given to understand he or the courts cannot remove my name from the escritura, is this true?

I may need a solicitor soon do you cover all of Spain?

**Patricia** · 10-04-2011, 06:03 PM

Originally Posted by Michael

My partner has hired a solicitor to claim back my 50% share of our property because she claims I have paid noting towards it.

Her solicitor claims he can claim back my half of the property. Looking at past comments I given to understand he or the courts cannot remove my name from the escritura, is this true?

I may need a solicitor soon do you cover all of Spain?

Hello Michael,

You can read a reply to a similar post, dated on the 7th of September, that may answer your question:
http://belegal.com/forums/showthread...ll=1#post13020

We do offer dissolution of joint property services in the whole Spanish territory, so please feel free to send us your enquiry through our website´s contact form if you wish.

Please click on this link to learn about the process: http://www.lawbird.com/services/view...erty-Ownership

Regards,

lee · 10-11-2011, 03:23 PM

i have a joint property in spain with my ex girlfriend , both our names are on the mortgage and on the deeds , however she bought me out 7 years ago in cash , i was basically paid what i put in and over the years the property went up in value , her part of the deal was to pay off the mortgage in full and then i would sign the property over to her , now the property is only just worth what the mortgage is and she is defaulting on the payments , can i force the sale of the property in order for the bank to get their money back , and where would that leave me with regards to tax on the cash she paid my 7 years ago ?? thanks Lee